Crucial Exams

Multistate Bar Examination Practice Question

A retailer entered into a written agreement with a manufacturer to purchase 1,000 widgets. The contract specified the quantity and price but did not mention a delivery date. After the agreement was signed, the retailer demanded delivery promptly, but the manufacturer claimed it had a 'reasonable time' to deliver based on industry custom. The retailer filed a breach of contract claim for failing to deliver the widgets by the requested date. Which of the following is the best resolution of this dispute?

  • The contract would be void for indefiniteness if the delivery date is considered a material term.

  • The manufacturer is correct, as the court can interpret the omission and supply a 'reasonable time' for delivery if the contract specifies no date.

  • The manufacturer is correct when there is evidence that the retailer agreed to a specific timeframe for delivery.

  • The retailer is correct, as failing to specify a delivery date is expected to require delivery to occur promptly.

Multistate Bar Examination
Contracts
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